Waiver

Release of Liability and Assumption of Risk 2025

In consideration of the services and/or use of premises of LIGHTNING NINJA ACADEMY LLC, its agents, owners, officers, volunteers, participants, employees, sub-contractors, and all other persons or entities acting in any capacity on its behalf (hereinafter collectively referred to as LNA), I for myself, my minor child(ren) or wards named herein (Minor Participant), my heirs, executors and assigns, personal representatives, and/or estate, hereby voluntarily acknowledge, understand, and agree to release, waive, indemnify, hold harmless, and forever discharge LNA, from any and all claims and liabilities to the extent applicable by law, whether in contract, tort, or otherwise. I UNDERSTAND THAT THIS RELEASE INCLUDES ORDINARY NEGLIGENCE ACTS OR OMISSIONS, RESULTING IN PERSONAL INJURY, DEATH, ACCIDENTS OR ILLNESSES, MENTAL OR PSYCHOLOGICAL CLAIMS, AND/OR PROPERTY LOSS BUT DOES NOT INCLUDE A RELEASE OF CLAIMS ARISING FROM LNAS ALLEGED GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

I, for myself and for any Minor Participant(s) for whom I am legally responsible, also agree as follows:

1. Acknowledgement and Assumption of Risks and Dangers: I fully acknowledge that climbing, ninja obstacles, fitness equipment and classes, spectating competitions, and use of any of LNAs services or facilities at this location, or any off-site location, are risky or dangerous activities, which entail significant inherent and actual risks, both known and unknown, to participants, spectators, and property. These risks include but are not limited to: MAJOR OR MINOR PERSONAL, PHYSICAL, BODILY, MENTAL, EMOTIONAL, ECONOMIC, PROPERTY OR OTHER TYPES OF INJURY, INCLUDING PARALYSIS, OR DEATH to myself, my child(ren), and/or third parties, such as co-participants. Such risks include, but are not limited to: falls, slips, trips, collisions, loss of footing, landing incorrectly, falling off of equipment, contacting a hard surface (e.g. an uncovered beam, frame, or rail), catching a body part under a pad, overexertion, slipping in the shower, theft, or crime. Additional risks may include, among others: exposed hooks or screws, equipment failure or malfunction, broken or loose holds, inadequate or loose padding, unknown facility hazards, errors in judgment by staff, as well as negligence of participants, competitors, spectators, third parties, and LNA. 

I expressly agree and promise to accept and assume all of the risks, both known and unknown, existing in these activities, including spectating competitions, whether  caused, or alleged to be caused, by the ordinary negligent acts or omissions of LNA. MY PARTICIPATION IN THESE ACTIVITIES, OR USE OF LNAS SERVICES OR FACILITIES, IS PURELY VOLUNTARY, AND I ELECT TO USE LNAS PREMISES OR SERVICES IN SPITE OF THE INHERENT, KNOWN, AND UNKNOWN RISKS. 

2. Consent to Emergency Medical Treatment and Assumption of Medical Costs: In the event of an injury or emergency, I hereby give permission to LNA to render medical attention for myself, if I am unable to consent, and/or my minor child(ren) or wards named herein. This includes but is not limited to, permission to seek and render the services of licensed physicians, health care providers and/or EMTs, arrange for medical transport, administer and/or dispense medications or medical equipment, or otherwise seek emergency medical care. I hereby give permission to the medical personnel selected by LNA to obtain and administer treatment, including X-Rays, testing, and/or hospitalization, for child(ren) named herein. I certify that I have no medical or physical conditions which could interfere with my safety or the safety of others, and I am willing to assume the financial costs of all risks that may be created by any such condition. I certify that I have adequate insurance to cover any injury or damage to myself or others that may result from participation or spectating these activities, or the services of LNA. I agree to bear the costs of any injuries, whether caused directly or indirectly, by myself or the Minor Participant(s).

LNA takes care to ensure the safety of our guests, including our specific COVID-19 procedures. Nonetheless, by signing the waiver below, you acknowledge that an inherent risk of exposure to COVID-19 exists in any public place where people have been present, including outdoors. By accepting these terms you, your dependents, and any guests voluntarily assume all risks related to exposure to COVID-19 and agree not to hold LNA, it's directors, officers, affiliates, employees, agents, volunteers, or contractors liable for any illness or injury.

3. Indemnification: I voluntarily agree to indemnify and hold LNA harmless from any and all claims, actions, suits, procedures, expert witness expenses, costs, damages and liabilities, including, but not limited to, attorneys fees, claims by rescuers, loss of consortium or wages, or other consequential damages, arising out of the Minor Participant(s) or my involvement. I agree to pay for, mitigate against, and/or reimburse LNA for any such expenses incurred. I understand that this release includes all claims against LNA arising from its ordinary negligence, but does not include claims arising from LNAs alleged gross negligence. Should LNA, or anyone acting on its behalf, be required to incur attorneys fees or court costs to enforce this agreement, I agree to indemnify or hold them harmless for all such fees and costs. 

4. Appearance Release: I authorize Lightning Ninja Academy, LLC. ("LNA"),  LNA's staff, successors, assigns, and designees to record my and my child(ren)'s likeness, image, voice, sound effects, name, and performance on film, tape, or otherwise (the "Recordings"), edit such Recordings as LNA may desire, and incorporate such Recordings into their Brand, any versions of the Brand and all related materials thereof, including but not limited to promotion and advertising materials. It is understood and agreed that LNA shall retain final editorial, artistic, and technical control of the Brand and the content of the Brand. Producer may use, and authorize others to use, the Recordings, any portions thereof and the Recordings in all markets, manner, formats and media, whether now known or hereafter developed, throughout the world, in perpetuity. LNA, LNAs successors and assigns, shall own all right, title and interest, including the copyright, in and to the Brand, including the Recordings and related materials, to be used and disposed of, without limitation, throughout the universe, as LNA shall in LNA's sole discretion determine.

5. LNA Rules: I agree that I, and/or the named Minor Participant(s), shall abide by all LNA rules and policies.

6. Severability: I further voluntarily agree that this Release of Liability, Assumption of Risk, and Indemnity Agreement is intended to be as broad and inclusive as permitted by law, and to be read as a whole. To the extent that a court of competent jurisdiction determines any part of the terms and conditions in this Agreement to be invalid or unenforceable, that part will be modified by the court solely to the extent necessary to cause that part to be enforceable, and the remainder of the Agreement will remain in full force and effect. I agree that any disputes arising out of this document, including its validity and enforceability, will be governed by substantive California law.

7. Acknowledgement of Understanding: I, on behalf of myself and/or the named Minor Participant(s), confirm that this agreement supersedes any and all previous oral or written promises or agreements. I understand that this agreement cannot be modified or changed in any way by representations or statements by any member, employee, agent, or representative of LNA. I confirm that I am signing the agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of liability to the greatest extent allowed by applicable law. This agreement may be amended by LNA at any time without notice, as may be required by law. If LNA fails to enforce any provision in this document, LNA does not waive its right to enforce it at a later time.

8. Parent or Legal Guardian Agreement: If I am the legal parent or guardian of a Minor Participant(s), I acknowledge and represent to LNA that I have the right and authority to make decisions concerning said minor(s) care, custody and control, including but not limited to, the right and authority to execute this document on the Minor Participants behalf. By signing this RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, I am binding the Minor Participant(s) to all of its terms and conditions. I acknowledge I am responsible for the direct supervision, conduct, health and safety of the Minor Participant(s).

I am over the age of 18 and competent to sign this agreement.

By Signing below I verify I have completely read, understood, and agree to this document in its entirety:

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